Significant UK Environmental Law Cases 2015/16

Abstract

This year’s case law review looks at decisions by the Supreme Court and Court of Appeal from mid 2015 to mid 2016. Several years ago it became clear that environmental case law is now sufficiently voluminous to mean there is no space for High Court decisions in an annual review. There has been one Supreme Court decision, the case of Champion v North Norfolk,1 which looks at habitats and environmental impact assessment. Lord Carnwath who gave the leading judgment also lays down in obiter markers on delay in challenging public decisions and the discretion of the Court in granting relief. As always, but particularly topical this year given the forthcoming EU referendum, EU law is prominent in the case law. EU law underlies most of the cases considered below and is apparent across a wide range of topic areas including habitats, environmental impact assessment (EIA), waste, environmental information and emissions trading.